PROMOTION OF ACCESS TO INFORMATION ACT SECTION 51 MANUAL FOR MURRAY & ROBERTS HOLDINGS LIMITED AND THE MURRAY & ROBERTS GROUP

Transcription

1 PROMOTION OF ACCESS TO INFORMATION ACT SECTION 51 MANUAL FOR MURRAY & ROBERTS HOLDINGS LIMITED AND THE MURRAY & ROBERTS GROUP

2 1. INTRODUCTION This manual is published in terms of Section 51 of the Promotion of Access to Information Act, 2000 (act No. 2 of 2000) ( the Act ). The Act gives effect to the provisions of Section 32 of the Constitution, which provides for the right of access to information held by the State and to information held by another person that is required for the exercise and/or protection of any right. The reference to any information in addition to that specifically required in terms of Section 51 of the Act does not create any right or entitlement (contractual or otherwise) to receive such information, other than in terms of the Act. This manual applies in respect of each member of the Murray & Roberts Group as set out in this manual and as the Murray & Roberts Group. The information Officer named below is appointed in respect of the Murray & Roberts Group as a whole and in respect of each of the private bodies constituting the Murray & Roberts Group. 2. DEFINITIONS Unless the context clearly indicates otherwise, the following terms shall have the meanings assigned to them hereunder, namely Act means the Promotion of Access to Information Act, Act 2 of 2000, as amended from time to time; Information Officer means the person acting on behalf of Murray & Roberts and discharging the duties and responsibilities assigned to the head of Murray & Roberts by the Act. The Information Officer is duly authorised to act as such and such authorisation has been confirmed by the head of Murray & Roberts in writing; Manual means this manual published in compliance with Section 51 of the Act; Murray & Roberts means Murray & Roberts Holdings Limited 1948/029826/06 and all South African registered subsidiaries and an associated entity being the Murray & Roberts Trust, as listed in Annexure 1 to this Manual and this Manual applies to all such entities, both jointly and severally. Murray & Roberts Holdings Limited and such entities are referred to both individually and collectively as Murray & Roberts ; Personnel means any person who works for or provides services to or on behalf of Murray & Roberts and receives or is entitled to receive any remuneration and any other person who assists in carrying out or conducting the business of Murray & Roberts. This includes without limitation, directors (both executive and non-executive), all permanent, temporary and parttime staff as well as consultants and contract workers; Record means any recorded information, regardless of form of medium, which is in the possession or under the control of Murray & Roberts, irrespective of whether it was created by Murray & Roberts; Request means a request for access to a record of Murray & Roberts; Requestor means any person, including a public body or an official thereof, making a request for access to a record of Murray & Roberts and includes any person acting on behalf of that person; and SAHRC means the South African Human Rights Commission. Unless a contrary intention clearly appears, words signifying:

3 the singular includes the plural and vice versa; any one gender includes the other genders and vice versa; and natural persons include juristic persons. Terms of defined in the Act shall have the same meaning in this Manual. 3. MURRAY & ROBERTS Murray & Roberts is a major group of world class companies serving the global value chain defined by the extraction, beneficiation and industrialisation of natural resources, with a focus on the construction economies of the developing world. Our strategic objective is to deliver projects and engineered products that fulfil customer specifications, on time and within budget. In a group context our objective is to achieve sustainable growth and provide shareholder value. 4. AVAILABILITY OF THIS MANUAL A copy of this Manual is available on our website ( or by sending a request for a copy to the Information Officer by . The Manual may also be inspected at the address set out below. In addition, this manual can be accessed through the SAHRC at its address set out below. This Manual will be updated from time to time, as and when required. 5. HOW TO REQUEST ACCESS TO RECORDS HELD BY THE MURRAY & ROBERTS GROUP Requests for access to records held by the Murray & Roberts Group must be made on the request forms that are available from the SAHRC website ( or the Department of Justice and Constitutional Development ( (under regulations ). For the convenience of requestors, copies of such forms are included in the version of this Manual available at our address set out below and on our website. Please note that requestors are also required to make payment of the prescribed fees. This issue is dealt with more fully below. Requests for access to records must be made to our Information Officer at the address, fax number or electronic mail address provided for below. The requester must provide sufficient detail on the request form to enable the Information Officer to identify the record and the requester. If you are aware of the company within the Murray & Roberts Group that holds the record/s you are requesting, please indicate this fact clearly. Where you are unsure of the company name, please indicate this and give as much detail as possible to facilitate our search for the record/s concerned. Please note that your failure to specify a company name will not invalidate your request, but it may cause unavoidable delays. The requester should also indicate which form of access is required and indicate if he or she wishes to be informed in any other manner and state the necessary particulars to be so informed. The requester must identify the right that he or she is seeking to exercise or protect and provide an explanation of why the requested record is required for the exercise or protection of that right.

4 If a request is made on behalf of a person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of the Murray & Roberts Group Information Officer. The standard form that must be used for the making of requests is attached as Annexure 2. Not using this form could cause your request to be refused (if you do not provide sufficient information or otherwise) or delayed. The list detailing the prescribed fees in respect of requests and the fees in respect of access to records (if the request is granted) is attached as Annexure 3 Annexures 2 and 3 are included in copies of this Manual available on the Murray & Roberts Group website and head office but need not and are not included in the copy of this Manual delivered to the SAHRC. Kindly note that all requests to the Murray & Roberts Group or any of its constituent companies will be evaluated and considered in accordance with the Act. Publication of this manual and describing the categories and subject matter of information held by the Murray & Roberts Group does not give rise to any rights (in contract or otherwise) to access such information or records except in terms of the Act. 6. CONTACT DETAILS Name of Private Body The Murray & Roberts Group Designated Information Officer Eduard Jardim address of Information Officer eduard.jardim@murrob.com Postal address P O Box 1000 Bedfordview 2008 Street address Douglas Roberts Centre 22 Skeen Boulevard Bedfordview 2007 Phone number Fax number (0) HOW TO ACCESS THE GUIDE AS DESCRIBED IN SECTION 10 OF THE ACT Please contact the SAHRC to obtain the guide. Their details are reflected below: The South African Human Rights Commission: PAIA Unit The Research and Documentation Department Postal address: Private Bag 2700 Houghton 2041

5 Telephone: Fax: Website: VOLUNTARY DISCLOSURE Notices in terms of Section 52 are voluntary, yet the Murray & Roberts Group does make certain information freely available (without being obliged thereto), including the most recent Annual Report of Murray & Roberts Holdings Limited. Other information relating to the Murray & Roberts Group is freely available on the Murray & Roberts Group website at Certain other information relating to the Murray & Roberts Group is also made available on such website from time to time as well as on various of the other websites operated by the Murray & Roberts Group. In addition an Employee Report is published annually and made available. Promotional brochures relating to specific products and services are also published and distributed from time to time. Certain information is also made available to employees of the Murray & Roberts Group, which is not generally made available to the public. To avoid confusion, these items are not listed here but may be obtained by Murray & Roberts Group employees from the administrative officer, Cheryl van Bosch. 9. RECORDS AVAILABLE IN TERMS OF ANY OTHER LEGISLATION Information is available in terms of the following legislation to the persons or entities specified in such legislation: General Companies Act 61 of 1973 Income Tax Act 58 of 1962 Value Added Tax Act 89 of 1991 Labour Relations Act 66 of 1995 Basic Conditions of Employment Act 75 of 1997 Employment Equity Act 55 of 1998 Compensation for Occupational Injuries and Health Diseases Act 130 of 1993 Occupational Health & Safety Act 85 of 1993 Harmful Business Practices Act 23 of 1999 Protection of Businesses Act 99 of 1978 Skills Development Act 97 of 1998 Stamp Duties Act 77 of 1968 Skills Development Levels Act 9 of 1999 Unemployment Insurance Act 30 of 1966 Unemployment Contributions Act No. 4 of 2002 National Environmental Management Act 107 of 1998 Stock Exchange Control Act of 1985 and the rules and listings requirements of the JSE Securities Exchange authorised in terms thereof Temporary From time to time the Murray & Roberts Group may accept liability to retain records under other legislation and to grant access thereto. This is dependent on contracts entered into by the Murray

6 & Roberts Group and relate to specific companies within the Murray & Roberts Group, and are usually provided as a service to clients and of limited duration. 10. RECORDS HELD BY THE MURRAY & ROBERTS GROUP We maintain records on the following categories and subject matters. However, please note that recording a category or subject matter in this Manual does not imply that a request for access to such records would be honoured. All requests for access will be evaluated on a case by case basis in accordance with the provisions of the Act. Please note further that many of the records held by us are those of third parties, such as customers and employees and we take the protection of third party confidential information very seriously. Please ensure that requests for such records are carefully motivated to avoid rejection Internal records The following are records pertaining to the Murray & Roberts Group own affairs and those of its constituent companies: Memorandum and Articles of Association; Financial records; Operational records; Intellectual property; Marketing records; Internal correspondence; Product records; Statutory records; Internal policies and procedures; Minutes of meetings; Charters, codes of conduct and policies (both internal and external) to which the Murray & Roberts Group subscribes; and Records held by officials of the Murray & Roberts Group Personnel records Personnel refers to any person who works for or provides services to or on behalf of the Murray & Roberts Group and receives or is entitled to receive any remuneration and any other person who assists in carrying out or conducting the business of the Murray & Roberts Group. This includes, without limitation, directors, executives, non-executives, all permanent, temporary and part-time staff as well as contract workers. Personnel records include the following: Any personal records provided to us by our personnel; Any records a third party has provided to us about any of their personnel; Conditions of employment and other personnel-related contractual and quasi-legal records; Employment policies and procedures; Internal evaluation records; and Other internal records and correspondence Customer-related records

7 Customer-related information includes the following: Contracts with the customer and between the customer and other persons; Any records a customer has provided to the Murray & Roberts Group or a third party acting for or on behalf of the Murray & Roberts Group (including plans, specifications, approvals, licences, reports, intellectual property rights and the like); Any credit records or other research conducted by the Murray & Roberts Group in respect of its customers or research derived by the Murray & Roberts Group from its customers and their activities; Records, reports, designs and the like generated by the Murray & Roberts Group for its customers; Any records a third party has provided to the Murray & Roberts Group either directly or indirectly; and Records generated by or within the Murray & Roberts Group pertaining to the customer, including transactional records Other Parties Records are kept in respect of other parties, including without limitation joint ventures and consortia to which the Murray & Roberts Group is a party, contractors and subcontractors, suppliers, subsidiary/holding/sister companies, service providers, and general market conditions. In addition, such other parties may possess records which can be said to belong to the Murray & Roberts Group. The following records fall under this category: Personnel, customer, or Murray & Roberts Group records which are held by another party as opposed to being held by the Murray & Roberts Group; and Records held by the Murray & Roberts Group pertaining to other parties, including financial records, correspondence, contractual records, records provided by the other party, and records third parties have provided about the contractors or suppliers Other Records Further records are held including: Information relating to the Murray & Roberts Group s own commercial activities; Procurement and administration for the Murray & Roberts Group; and Research information belonging to the Murray & Roberts Group or carried out on behalf of a third party.

8 COMPANY NAME OPERATING COMPANIES 1 REGISTRATION NUMBER 1. Entilini Concession (Pty) Ltd 2001/023497/07 2. Entilini Operations (Pty) Ltd 2001/023497/07 3. Kusile Fabrication (Pty) Ltd 2010/003613/07 4. Medupi Fabrication (Pty) Limited 2008/008331/07 5. Murray & Roberts Cementation (Pty) Limited 1954/003508/07 6. Murray & Roberts Construction (Pty) Ltd 1948/029358/07 7. Murray & Roberts Emgodini (Pty) Limited 1969/013437/07 8. Murray & Roberts Holdings Limited 1948/029826/06 9. Murray & Roberts Limited 1979/003324/ The Concor Cape Point Trust IT8260/ Tolcon Lehumo (Pty) Limited 1992/002057/ Toll Road Concessionaires (Pty) Limited 1985/000604/ Scenivision (Pty) Ltd 2011/110461/ Silver Rock Properties (Pty) Ltd 2008/006475/ Tshetledi Investments (Pty) Ltd 2002/021198/07 OTHER SUBSIDIARIES 16. Abecol (Pty) Limited 1965/003095/ Alert Steel Reinforcing (Pty) Ltd 2006/000746/ African Bitumen Emulsion Properties (Pty) Limited 1930/002694/ Amalgam One Three Nine (Pty) Ltd 1981/000266/ Bellville Station Investments (Pty) Limited 1989/004461/ Biyela Centre (Pty) Limited 1989/003316/ Blue Circle Engineering Holdings (Pty) Limited 1973/002388/ Bombela Civils Joint Venture (Pty) Limited 2005/044155/07

9 2 24. Bombela TKC (Pty) Limited 2005/040563/ Calshelf Investments 177 (Pty) Ltd 2007/025652/ Carwil (Pty) Ltd 1967/009184/ Concor Investments (Pty) Ltd 1983/006063/ Concor (Pty) Ltd 1969/003076/ Concor Projects 1983/013752/ Concor SA (Pty) Ltd 1971/ / Concor Technicrete GRC (Pty) Ltd 1990/006126/ Concor (Western) Cape (Pty) Ltd 1963/004189/ Consani Petrochemical (Pty) Limited 1956/001551/ Consolidated Erven Kingsburgh (Pty) Limited 1989/006137/ Construction Development Cape (Pty) Limited 1951/000146/ Construction Development Kwazulu-Natal (Pty) Limited 1969/003846/ D & H Piping Systems (Pty) Limited 1924/007942/ Dahms & Dahms Concrete (Pty) Limited 1999/025580/ Dahms & Dahms Construction (Pty) Limited 2006/028690/ Darling & Hodgson (Pty) Limited 1973/008347/ Dunamen Engineering (Pty) Ltd 1980/005662/ Energy Fabrication (Pty) Limited 2008/002546/ Genrec Development Company (Pty) Limited 1993/001315/ Genrec Engineering (Pty) Limited 1959/001681/ Genrec Holdings (Pty) Limited 1969/011433/ Haigbeer Properties (Pty) Limited 1993/006662/ Indo Cape Properties (Pty) Ltd 1996/005615/ Kingsburgh Shopping Centre (Pty) Limited 1990/001348/ La Lucia Glades No.55 (Pty) Ltd 1997/015546/ Lenkim Sakesentrum (Edms) Beperk 1965/004528/ Letsema Bokamoso General Staff Trust IT9268/05

10 52. Letsema Khanyisa Black Employee Benefits Trust IT9266/ Letsema Sizwe Broad-Based Community Trust IT9267/ Letsema Vulindlela Black Executives Trust IT9265/ Lot 3774 Derby Downs (Pty) Ltd 1998/003419/ M & R Engineering Corporate Investments (Pty) Limited 1992/002180/ M & R Properties Asset Management (Pty) Limited 1979/003323/ M & R Properties Asset Management Holdings (Pty) Limited /008979/ M & R R I Asset Management Holdings (Pty) Limited 1984/006589/ Mexican Wave Investments (Pty) Limited 2003/021054/ MRE Trading (Pty) Limited 1962/002094/ Much Asphalt (E P) (Pty) Limited 1967/000710/ Much Asphalt SA (Pty) Limited 1981/001112/ Murobham Properties (Pty) Limited 1993/004532/ Murray & Roberts Buildings (Pty) Limited 1954/001320/ Murray & Roberts Building Products (Pty) Limited 1971/004151/ Murray & Roberts Civils (Pty) Limited 1975/001390/ Murray & Roberts Concessions (Pty) Limited 1981/012482/ Murray & Roberts SADC (Pty) Limited 2001/001993/ Murray & Roberts Construction Western Cape (Pty) Ltd 2007/000006/ Murray & Roberts Contractors Group (Pty) Limited 1988/000325/ Murray & Roberts Contractors Holdings (Pty) Limited 1930/002173/ Murray & Roberts Design & Project Management (Pty) Limited 1948/028148/ Murray & Roberts Engineering Solutions (Pty) Limited 1970/010666/ Murray & Roberts Infrastructure Services (Pty) Limited 1998/002347/ Murray & Roberts Investments Limited 1930/002092/ Murray & Roberts Letsema Khanyisa (Pty) Limited 2005/034236/ Murray & Roberts Letsema Sizwe (Pty) Limited 2005/034227/ Murray & Roberts Marine (Pty) Limited 1970/009055/07

11 80. Murray & Roberts Materials (Pty) Limited 1972/003840/ Murray & Roberts Projects (Pty) Limited 1979/003225/ Murray & Roberts Pend Twenty Seven (Pty) Limited 1966/001479/ Murray & Roberts Properties Services (Pty) Limited 1970/000263/ Murray & Roberts RUC (Pty) Limited 1948/028671/ Murray & Roberts SNC-Lavalin Nuclear (Pty) Limited 2005/028604/ Murray & Roberts Steel (Pty) Limited 1995/011191/ Murray & Roberts Suppliers & Services (Pty) Limited 1958/001159/ NIB 1 Share Block (Pty) Ltd 1998/011740/ Nocor (Pty) Ltd 1978/000206/ Noroc Properties (Pty) Ltd 1971/003049/ North Mid Corporate Park (Pty) Ltd 1997/010808/ Ocon Holdings (Pty) Limited 2005/019624/ Oconbrick Manufacturing (Pty) Limited 1983/008310/ Oostelike Klerksdorp Beleggings (Edms) Beperk 1969/014787/ Optimprops 58 (Pty) Ltd 1996/014205/ P and E Eustice 1959/001317/ P.S.P. Transport (Pty) Limited 1971/012333/ Peninsula Expressway Consortium (Pty) Limited 1996/009337/ Purple Rain Properties No 421 (Pty) Limited 2003/002430/ Reinforcing Steel Holdings Management Services (Pty) Limited /011168/ Rocla SA (Pty) Limited 1973/013163/ Reinforcing Steel Contractors (Eastern Cape) (Pty) Ltd 1997/002405/ RSC Structural (Pty) Limited 1995/008166/ Shisane Reinforcing (Pty) Limited (formerly Mesh Reinforcing (Pty) Limited) 1980/010145/ Skyprops 110 (Pty) Ltd 1998/010762/ SNC-Lavalin-Murray & Roberts (Pty) Limited 1992/005210/07

12 Standard Engineering (Pty) Limited 1916/004912/ Tekniplan (Pty) Ltd 1964/008973/ The Cementation Company (Africa) Limited 1926/008840/ Tollrail (Pty) Limited 2005/044158/ Tradeforth 39 (Pty) Limited 1964/007306/ Two-Three-Two (Pty) Limited 1966/003143/ The Murray & Roberts Trust IT Union Carriage & Wagon Company (Pty) Limited 1957/004105/ Union Carriage Investments (Pty) Limited 1967/011122/ Upbeatprops 17 (Pty) Ltd 1998/015401/ Upbeatprops 18 (Pty) Ltd 1998/015398/ Upbeatprops 19 (Pty) Ltd 1998/015589/ Upbeatprops 20 (Pty) Ltd 1998/015530/ Upbeatprops 27 (Pty) Ltd 1998/015593/ Upbeatprops 28 (Pty) Ltd 1998/015532/ Upbeatprops 37 (Pty) Ltd 1998/015902/ Upbeatprops 40 (Pty) Ltd 1998/015943/ Upbeatprops 41 (Pty) Ltd 1998/015945/ Upbeatprops 42 (Pty) Ltd 1998/015905/ Upbeatprops 43 (Pty) Ltd 1998/015894/ Van Riebeeck Mall Shopping Centre (Pty) Limited 1985/001869/ William Bain & Company (S A) (Pty) Limited 1910/003648/ Wip Investments One Hundred & Ninety Seven (Pty) Ltd 1997/021129/ Wade Walker (Pty) Ltd 2000/030286/ Xtraprops 100 (Pty) Limited 1998/007637/ Xtraprops 97 (Pty) Limited 1998/007507/07